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11-17-2022 - BOS Regular Meeting MinutesREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND TWENTY-TWO BOARD MEMBERS PRESENT: Rudolph Jefferson, District 3, Chairman William M. McCarty, District 2, Vice -Chairman (Arrived at 5:30 p.m.) Richard L. Grice, District 1 (Arrived at 5:35 p.m.) Don G. Rosie, II, District 5 Joel C. Acree, District 4 STAFF MEMBERS PRESENT: Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Robert W. Jones, Jr., County Attorney Carey Mills Storm, Clerk CALL TO ORDER Chairman Jefferson called the regular meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor Acree moved that the agenda be adopted as presented. The motion passed unanimously (3-0) with Supervisors Acree, Rosie and Jefferson voting in favor of the motion; no Supervisor voting against the motion; and, Supervisors McCarty and Grice absent for the vote. Supervisor McCarty, later in the meeting under the County Attorney's report, moved to amend the agenda to add under Old Business consideration of an amendment to the March 24, 2021 contract with Williams Emergency Vehicle Services, LLC of Staunton, Virginia representing Seagrave Fire Apparatus LLC of Clintonville, Wisconsin for the Smithfield Volunteer Fire Department. The motion was adopted unanimously (5-0). CLOSED MEETING County Attorney Jones, pursuant to Section 2.2-3711(A) of the Code of Virginia, requested a motion to move to closed session for the limited purpose of: Consultation with legal counsel employed by the board regarding specific legal matters requiring the provision of legal advice by such counsel, namely negotiations of siting agreements applicable to a solar projects, and 2, the division of authority between the school board and publicly elected bodies such as the Board of Supervisors, pursuant to subsection 8; a discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1; a discussion concerning a prospective business or the expansion of an existing business where no previous announcement has been made of business' interest in locating or expanding its 1 facilities in the County at the Shirley T. Holland Industrial Park, pursuant to subsection 5; a discussion or consideration of the investment of public funds in the acquisition of fire/EMS apparatus, where competition or bargaining is involved, where, if made public, the financial interest of the County would be adversely affected, pursuant to subsection 6; and, a discussion regarding the sale or publicly held property, namely, the Stoop property, which consist of approximately 1 acre; and an unused County well lot located upon Tax Parcel 23C-02-016, in the Battery Park area, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3. Supervisor Acree moved that the Board enter the closed meeting for the reasons stated. The motion passed unanimously (3-0) with Supervisors Acree, Rosie and Jefferson voting in favor of the motion; no Supervisor voting against the motion; and, Supervisors McCarty and Grice absent for the vote. Supervisor McCarty arrived at the meeting at 5:30 p.m. Supervisor Grice arrived at the meeting at 5:35 p.m. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. 2 VOTE AYES: Acree, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Assistant County Administrator Robertson delivered the invocation and led the Pledge of Allegiance. CITIZENS' COMMENTS Herb DeGroft of the Carrsville District requested a forensic audit of the School Division be done. Chairman Jefferson reported that Vice -Chairman McCarty had been elected Second Vice President of VACo at the 2022 VACo Annual Conference. CONSENT AGENDA On motion of Supervisor McCarty, the following Consent Agenda items were unanimously adopted (4-0) with Supervisors McCarty, Acree, Rosie and Jefferson voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Grice absent for the vote: A. Resolution to Amend the FY2022-23 Operating Budget and Appropriate pass - through Dominion Energy Funding from the Virginia Department of Emergency Management ($50,000) B Resolution to Amend the FY2022-23 Operating Budget and Appropriate Funding for Repair of County Property from Insurance Proceeds ($2,995) C. Resolution to Amend the Budget and Appropriate Funding from the FY2022- 23 General Fund Contingency to FY2022-23 Schools Budget ($812,507) D. Resolution to Amend the FY2022-23 Capital Project Budget and Appropriate Funding for Repair of County Property from Insurance Proceeds ($145,889) E. Resolution to Recognize and Congratulate Darden's Country Store on its 70tn Anniversary F. Resolution to Amend the FY2022-23 Budget and Appropriate Funds from the Virginia Department of Education ($557,616) M G. September 21, 2022 Special Joint Meeting w/School Board Minutes REGIONAL AND INTER -GOVERNMENTAL REPORTS There were no reports offered. APPOINTMENTS Supervisor Grice moved that Gary Terwilliger be reappointed to serve on the Board of Building Appeals. The motion was adopted unanimously (5-0). Supervisor Grice moved that Teresa Frantz be appointed to fill the unexpired term of Shirley McGee on the Commission on Aging. The motion was adopted unanimously (5-0). SPECIAL PRESENTATIONS Delores Darden and her family were recognized in association with Darden's Country Store and Supervisor McCarty moved that the following Resolution be adopted which passed unanimously (5-0): RESOLUTION TO RECOGNIZE AND CONGRATULATE DARDEN' S COUNTRY STORE ON ITS 70TH ANNIVERSARY WHEREAS, Darden's General Merchandise, now known as Darden's Country Store, was established in 1952 by L. Seward Darden and his wife Vivian; and, WHEREAS, from the beginning, the operating philosophy of the store has been to serve the needs of the community and highlight the importance of the customer; and, WHEREAS, Darden's Country Store is known nationally for its hams, fresh meat, cheese, prepared meals and desserts; and, WHEREAS, Darden's Country Store and the Darden Family have been an integral part of the fabric of Isle of Wight County and have continually played a role in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and congratulates Darden's Country Store on the occasion of its 701" anniversary. The Town of Smithfield Chief of Police presented the Isle of Wight County Sheriff's Office with its third Accreditation Award. 4 The Board received a presentation on the Route 17 Arterial Plan which identified its purpose, the project study area; arterial preservation; scope of work; and, survey results. Four locations in the County were identified for further analysis on US 17 and US258; US 17 & Omera Road; US 17 and Sugar Hill Road; and US 17 and Cedar Grove Road. A MetroQuest Survey was used for public outreach. Vice -Chairman McCarty notified the public that he and Supervisor Acree will be conducting a District 2 and District 4 Town Hall meeting on December 5, 2022 at 6:30 p.m. at the Carrollton Elementary School to hear from citizens on transportation matters and that that would also be an opportune time for citizens to offer their input on the Route 17 Arterial Plan. COUNTY ATTORNEY'S REPORT Isle of Wight County Board of Supervisors' By -Laws and Rules of Procedure: County Attorney Jones requested the Board to review and provide him with any suggested amendments prior to the Board's December 8, 2022 meeting. A revenue background and legal review was provided. County Attorney Jones notified the Board that the County has received 3.56% of 30% of the opioid abatement funds. Following discussion, it was agreed that all options would be explored to develop innovative ways to address the needs in every community. At the request of Vice -Chairman McCarty, County Attorney Jones advised that the Board of Supervisors does not have the authority to order an audit of the School Division. He stated that the Virginia Constitution clearly states that the School Board alone has the authority to supervise the schools, and the duties and relationships between the County and the School Board are set by statute. He continued that raising school funds is the responsibility of the Board of Supervisors and spending those funds is the obligation of the School Board. He continued that the Board of Supervisors approves and appropriates local funds to the School Board and once those funds are appropriated, the School Board has the authority to operate the schools and is charged with the duty to manage and control the funds available to it. He added that the Board of Supervisors may appropriate school funds out of the total only or by major classification and that this Board of Supervisors has chosen to provide the school funds by a major classification system and that no funds may be expended by the School Board except in accordance with such classification without the Board of Supervisors' consent. The Board took a break and returned to open session. PUBLIC HEARINGS Ho-Fel Solar, LLC Conditional Use Permit 5 Ms. Jeryl Phillips, Assistant Director of Community Development, provided an overview of the application and advised of the Planning Commission's recommendations. Chairman Jefferson called for those to speak in favor or in opposition to the proposed application. Matt Boerger, Pine Gate Renewables, provided background information to include milestones and achievements. He went over the project history and the CUP site plan. Scott Fischer, Gentry -Locke, gave a brief legal review and revenue background. David Tucker of District 3 asked the Board to deny the application. Chairman Jefferson read a letter of support into the record from Mr. Dustin Atkins dated November 15, 2022 advising he is writing this letter to whom it may concern to advise his thoughts on the proposed solar project on Lees Mill Road. I am a farmer who owns land that will be used for this project. I have raised many chickens over the past ten years, however, the usefulness of the poultry houses over the years have degraded over time. Going further with this project will allow for the responsible disposal of the buildings and will be of great benefit to my family and to all those who reside nearby. The poultry houses being the source of much traffic, noise and odor and I believe a change in the land use from an aged poultry farm to a solar farm will be universally good for all involved. This project will allow for a local energy production revenue for the County and would not have a negative effect on the looks of the area as the old farm is only becoming more of an eyesore as time passes and make expenses grow beyond the feasibility of maintaining it any longer. Chairman Jefferson closed the public hearing and called for comments from the Board. Discussion centered on technological changes occurring in the solar industry and the procurement of panels from other Asian countries. The Board was apprised that Pine Gate Renewables purchased it from Acquason and will own and operate the facility and that Acquason had filed the interconnection application for 50 megawatts. During the discussion, Supervisor Grice inquired what amount is being saved by reducing the panels from 145,000 to 92,000. The Board was informed that staff did not require a decommissioning bond in the conditions because that bond is required by ordinance. Ms. Ring clarified that in the supplemental use regulations for solar energy generation facilities the County does require a decommissioning agreement and that agreement says that the decommissioning estimates shall be prepared by a licenses engineer licensed in the State of Virginia and shall include an annual inflation factor for the surety bond. Supervisor McCarty moved that the project be tabled for further clarification. The motion was adopted unanimously (5-0). R COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton advised that he had attended the Suffolk City Council meeting regarding the sandpit that is proposed to go through Longview Drive. He further advised that the developer is requesting that the application be delayed again until April 15th and that a ninety -day extension had been approved by the Council. County Administrator Keaton advised that a proposal has been accepted and, an agreement executed, for the removal of paint on the missile at Nike Park. December 5, 2022 Town Hall Meeting/Carrollton Elementary School: Vice - Chairman McCarty offered to utilize social media to notify citizens about the meeting. He advised that he would be notifying all HOAs in his district and that Supervisor Acree would be communicating with the HOAs in his district. He continued that the meeting with be advertised in The Smithfield Times. County Administrator Keaton offered to utilize signs borrowed from the Sheriff's office and post them on Sugar Hill Road. Danny Byrum, Isle of Wight County Fair Chairman, reported on the success of the 2022 County Fair. UNFINISHED/OLD BUSINESS County Administrator Keaton reported on cost increases for the two fire trucks for the Smithfield Volunteer Fire Department. He reported that the vendor had advised that he could not build the trucks due to supply chain issues and unprecedented increases in costs beyond what they had budgeted for. He advised that the Smithfield Volunteer Fire Department did reach out to other sources in an effort to raise some of the funds and they are asking the County for a budget amendment in the amount of $125,000. He advised that there are additional bonds funds that can be utilized and the consensus is that an additional contribution of $125,000 be approved. Responsive to notification from County Attorney Jones that the amount borrowed was $400,000 at 10% interest, Vice -Chairman McCarty requested some clarification. Supervisor Acree moved to amend the contract to increase by $125,000 with Williams Emergency Vehicle Services, LLC of Staunton, Virginia representing Seagrave Fire Apparatus LLC of Clintonville, Wisconsin from the 2022 bond issue. The motion was adopted unanimously (5-0). NEW BUSINESS Supervisor Grice moved that the following Resolution be adopted which was approved unanimously (5-0): RESOLUTION TO AMEND THE FY 2022-23 BUDGET AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF EDUCATION Isle of Wight County Schools have received funding in the amount of $557,616 from the Virginia Department of Education; and, WHEREAS, the Board of Supervisors wishes to amend the FY 2022-23 budget and appropriate funding from the Virginia Department of Education to the Instructional Services Category in the Schools FY2022-23 budget for the purpose of providing employee bonuses. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2022-23 budget is hereby amended and funds in the amount of $557,616, or as much as shall be received from the Virginia Department of Education, be appropriated to the Instructional Services budget category within the Isle of Wight County Schools FY2022-23 budget. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. County Administrator Keaton reported that four bids were received for the Phase I — Route 10 Waterline for Hardy Elementary School and he would recommend the Board accept the low bid in the amount of $1,970,000 from Basic Construction. Supervisor McCarty moved to approve the base bid from Basic Construction Company in the amount of $1,970,000 which was unanimously adopted (5-0). Following a PowerPoint presentation by Captain Ron Bryan with the Sheriff's Office on the Computer Aided Dispatch (CAD) Records Management System (RMS), Supervisor McCarty moved that $94,000 be approved to initiate startup of the system and that the Sheriff's Office proceed with advising the Towns of Smithfield and Windsor that the Board of Supervisors has taken the lead to approve it and the Towns need to be on -board with it. The funds are not to be expended until the approval of the other two bodies is obtained. The motion was adopted unanimously (5-0). ADJOURNMENT At 10:30 p.m., Chairman Jefferson declared the meeting adjourned. • William M. Mc , Sr., Chairman Carey M s Storm, Clerk M